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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (Nov. 29, 2000)
Page 8A NATION Wednesday, No'r Isday. Nov THE BATTALION Court finds roadblocks unconstitutional News in Br WASHINGTON (AP) — In a significant rul ing on the use of police power, the Supreme Court struck down random roadblocks intended for drug searches, saying they tire an unreason able invasion of privacy under the Constitution. Law enforcement in and of itself is not a good enough reason to stop innocent motorists, the majority concluded Tuesday in the first ma jor ruling of the new term. “Because the checkpoint program’s prima ry purpose is indistinguishable from the gener al interest in crime control, the checkpoints contravened the Fourth Amendment,” which protects against unreasonable searches and seizures, Justice Sandra Day O'Connor wrote. The court’s three most conservative jus tices dissented, saying the roadblocks Indi anapolis set up in high-crime neighborhoods served valuable public safety and crime-fight ing goals. Chief Justice William Rehnquist and Justices Antonin Scalia and Clarence Thomas dissented. “Efforts to enforce the law on public high ways used by millions of motorists are obvi ously necessary to our society,” Rehnquist wrote. “The court’s opinion today casts a shad ow over what has been assumed ... to be a per fectly lawful activity.” Thomas joined the entire nine-page dissent. Scalia agreed with Rehnquist only in part. Justice Anthony Kennedy, like O’Connor a sometime “swing vote” between the court’s ide ological poles, sided with her in the majority. The American Civil Liberties Union had sued on behalf of two detained motorists, and the 7th U.S. Circuit Court of Appeals in Chica go eventually found the practice was probably unconstitutional. “Today’s decision sends a clear message that even a conservative court is not willing to coun tenance the serious erosion of our basic consti tutional rights,” Because the checkpoint said Steven Shapiro, ACLU’s legal director. O'Connor stressed that the high court ruling does not affect other police road blocks such as border checks and drunken-driving checkpoints, which have al ready been found constitutional. The reasoning behind those kinds of roadblocks — 66; el of generality, there would be little check on the authorities’ ability to construct roadblocks for almost any conceivable law enforcement purpose,” the opinion said. During oral arguments in October, several justices seemed troubled by the notion that by unwittingly driving into the checkpoint, a mo torist is open to a criminal investigation that pre sumably would not have happened otherwise. Others ques- program s primary purpose is indistinguishable from the general interest in crime control, the check points contravened the Fourth Amendment.” — Sandra Day O'Connor U.S. Supreme Court justice chiefly that the benefit to the public outweighs the inconvenience — cannot be applied broad ly, O’Connor wrote. “If this case were to rest on such a high lev- tioned whether the use of drug-sniffing dogs was heavy- handed. The dogs were led around the car’s exterior at every stop. The case is one of several the court has taken recently that examine the limits of police powers to hunt for drugs. The court heard arguments in the case of a man de tained by police outside his home for about two hours while of ficers got a search warrant for drugs. In that case, justices seemed to indicate by their ques tions that they saw little wrong with the police approach. The justices will also consider a case in volving a man arrested for growing marijuana after police outside the home monitored heat generated by grow lamps in his garage. In 1999, the court ruled that immigration of ficials violated bus passengers’ privacy rights by squeezing the luggage in overhead racks in a search for drugs. In the Indianapolis case, lawyers for the city said catching drug criminals was the primary aim of the roadblocks set up in the summer of 1998. The city conceded the roadblocks de tained far more innocent motorists than crimi nals but contended the checks were a quick and efficient way to hunt for illegal drugs and that the severity of the drug problem in some areas justified the searches. While agreeing that society would no doubt be safer without illegal drugs, O’Connor said “the gravity of the threat alone" cannot deter mine whether the program was constitutional. Similarly, the majority rejected the idea that the checkpoints could also help catch drunks and drivers without valid licenses or registrations. Under that justification. O’Connor wrote, “authorities would be able to establish check points for virtually any purpose so long as they also included a license or sobriety check.” The city conducted six roadblocks over four months in 1998 before the practice was chal lenged in federal court. Downey Jr. on “McBeal’ LOS ANGELES (AP)- Downey Jr. was back on McBeal” set Tuesdaywit| ble drug charges ter a weekend arrest i solved to keep fightings his publicist said. ‘‘He’s concentrating!* and himself,” said Alan Nierob. “He’s a f addict. Recovering, relapses. He’s working his sobriety as he last 18 months." Computers ai| cancer detc CHICAGO (AP) — Usi puters to double-checkn grams can increase! tion of cancers by 20 c according to a study! ports early predictions! new technology. The findings basedo r mograms given to nearly; women suggest the te can help radiologistsfindsl cancers earlier while i their accuracy. wsw Society of Women Engineers General Meeting When: Wed., Nov. 29 ,h Time: 6:45 p.m. - Free Lasagna Where: ENPH 202 Speaker: Katie Rodriguez - Texaco Topic: Options Outside Engineering with an Engineering Degree Work, Eat or Play . . . Brand it the Aggie Way! Brand vour steaks A tortillas tL hainbumer buns y O boots a gloves ^ c haps a picture frames and much more Randlrons (979) 731-1861 * 1-877-731-1.861 (toll free www.RcindIrons.com Class of ’.93 tL Officially Licensed '*.*1 I0« N Las Posadas presented by ****»—- 21* THE f COMMITTEE F< AWARENESS OF MEXICAN A THE (CAN CULTURE Wednesday November 29, 2000 Rinata Weei @ Fcdlfo Ckupd at 7:30 pm pfiumim U Academe Plaza beltowed by neceplm at Ike Gtove - 8:00 (wi Tamales Rice <k Rain Site - MSC Flagroom Beans Come and join the Fun! 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